In re O'Neal

• Decision Date: 19 June 1893
• Citation: 57 F. 293
• Court: U.S. District Court — Northern District of Alabama
• Parties: In re O'NEAL et al.

57 F. 293

In re O'NEAL et al.

United States Circuit Court, N.D. Alabama, Southern Division.

June 19, 1893

J. A W. Smith, for L. E. Parsons.

D. D Shelby, for A. R. Nininger.

Thos R. Roulhac, for Emmett O'Neal.

Loudon & Tillman, for J. V. Musgrove.

BRUCE District Judge, (orally.)

The conclusion seems to be a clear one. The question has been argued, to some extent at least, as if it were whether, in cases like these, the appointment being for four years, the president of the United States has power, in vacation of the senate, to remove an officer before his four years have expired. That question is not before the court now. It could be made only in some formal proceedings, recognized by law as a mode in which such questions could be raised and decided. This is not such a case. It is not even a motion; nothing lika a quo warranto proceeding. This is the day to which the March term of this court was adjourned. Causes on the criminal docket are to be called for trial, and the judge of the court must recognize some one as entitled to speak for the United States, and some one to act as the executive officer of the court. Mr. O'Neal and Mr. Musgrove present commissions respectively as district attorney and marshal signed by the president of the United States and the attorney general of the United States, and under the seal of the department of justice.

Is any effect to be given to these commissions? And are they now, in this hearing, to be held void, on the ground, as it is claimed, that the condition of the law on the subject is such that the president of the United States has no power to make these appointments? Courts must proceed in an ordinary manner, and will not presume that the departments of the government will act otherwise than in accordance with their powers and duties. Acts of the lawmaking power of the government are presumed to be within the constitutional powers of the congress until the contrary is shown to the courts in some formal and proper mode recognized by the law of proceedings in the courts. It is not less so in regard to the executive department of the government, and on this hearing it must be presumed that the president acted, in making these appointments, in accordance with the constitutions and laws. The department of justice is a department of the government of the United States recognized by law, and the attorney general of the United States is at the head of the...